CONDITIONS GÉNÉRALES DE VENTE
Definitions
These General Terms and Conditions of Sale (hereinafter ''GTC'') are offered by the company A.ETC PRODUCTION, SARL with capital of 5000 euros, registered in the Trade and Companies Register of Meudon under number 879 807 964 00025, represented by Atsuko Usui, whose registered office is located at 7 Avenue de Rivoli, 92190 Meudon.
His email address is contact@apointetc.com .
The company owns and publishes the website apointetc.com. The website is hosted by Squarespace, whose headquarters are located at 459 Broadway, 5th Floor, New York, NY 10013.
Before using the Site, the Customer must ensure that he/she has the technical and IT resources to use the Site and order the Services and Products on the Site, and that his/her browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his/her hardware/equipment is in good condition and does not contain any viruses.
Application and enforceability of the T&Cs
The purpose of these General Terms and Conditions is to define all the conditions under which the company markets the Products and/or Services as offered for sale on the Site to Customers. They therefore apply to any Order for Products placed on the Site by the Customer.
The Customer declares having read and accepted these General Terms and Conditions before placing his Order.
Validation of the Order therefore constitutes acceptance of these General Terms and Conditions. These are regularly updated; the applicable General Terms and Conditions are those in force on the Site on the date the Order is placed.
Any contrary condition set by the Client would therefore, in the absence of express acceptance, be unenforceable against the company regardless of when it may have been brought to its attention.
The fact that the company does not assert any provision of these T&Cs at any given time cannot be interpreted as a waiver of the right to assert any provision of these T&Cs at a later date.
Ordering Products/Services on the Site
The company reserves the right to correct the content of the Site at any time.
The Customer can find on the product page the period during which, or the date until which, the spare parts essential for the use of the product are available on the market.
The Products and/or Services offered for sale are described and presented with the greatest possible accuracy. However, a minimal variation in the color of the product(s) does not engage the responsibility of the company and does not affect the validity of the sale.
The Customer selects the Product(s) and/or Service(s) that he/she wishes to purchase, and can access the summary of his/her Order at any time.
The Order summary presents the list of the Product(s) and/or Service(s) that the Customer has selected, and includes any additional costs such as the delivery price added to the price of the Product(s) and/or Service(s) in the Order. The Customer has the possibility to modify his Order and correct any errors before proceeding with the acceptance of his Order.
After accessing the summary of his Order, the Customer confirms acceptance of his Order by checking the box to validate the General Terms and Conditions, then by clicking on the Order validation icon. The words "Order with payment obligation" or a similar wording free from any ambiguity appears next to the Order validation icon to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.
After acceptance of the General Terms and Conditions and validation of the Order with payment obligation, the contract is validly concluded between the company and the Client and binds them irrevocably.
After confirming the Order and in order to proceed with payment, the Customer enters the contact details to which they wish to receive the product(s) and the service(s), and the billing details if different. The process of delivering the product(s) and receiving the service(s) is described in Article 5 of these General Terms and Conditions.
The company then sends him an Order confirmation by email, including the elements of the Order summary and the delivery addresses and, where applicable, the billing addresses provided.
After having validated their delivery details and, where applicable, their invoicing details, the Customer proceeds to pay for their Order according to the terms specified below.
Price and payment conditions of the order
The prices are mentioned on the Site in the descriptions of the Products and/or Services, in euros and excluding tax and including all taxes.
The total amount is indicated in the Order summary, before the Customer accepts these General Terms and Conditions, validates their Order, enters and validates their delivery details and, where applicable, their billing details and proceeds to payment. This total amount is indicated inclusive of all taxes.
The Order for Products and/or Services on the Site is payable in euros. The entire payment must be made on the day of the Order by the Customer, by credit card unless special conditions of sale are expressly accepted by the Customer and the company.
When paying by credit card, the Site uses the STRIPE security system, a service provider specializing in online payment security. This system guarantees the Customer complete confidentiality of their banking information. The bank card transaction between the Customer and the secure system is therefore fully encrypted and protected. The Customer's bank details are not stored electronically by the company. STRIPE's general terms and conditions of use can be viewed at the following address: https://stripe.com/fr/privacy.
The Customer guarantees to the company that he has the necessary authorizations to use the payment method when placing the Order.
The company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount owed by the Customer to the company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
Use of Services/Delivery
The product(s) offered on the Site can be delivered to mainland France and the European Union excluding Switzerland & the United Kingdom.
Metropolitan France:
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Orders over €200 – Free delivery
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Orders under €200 – €8
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Delivery time – 2 to 3 working days via Colissimo with signature
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Return period – 30 days
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Returns at the buyer's expense
European Union (Belgium, Luxembourg, Germany, Netherlands, Austria, Spain, Ireland, Portugal, Italy, Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia, Sweden, Croatia, Finland, Greece, Iceland, Malta, Norway, Romania, Turkey, Bulgaria, Cyprus):
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Orders over €200 – Free delivery
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Orders under €200 – €16
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Delivery time – 3 to 6 working days with Colissimo via Colissimo with signature
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Return period – 30 days
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Return at the customer's expense
We do not deliver to Switzerland and the United Kingdom.
The items are automatically delivered to the Customer upon validation of their Order.
The company undertakes to deposit the product(s) for delivery to the collection point within a period not exceeding 7 working days from the date of the Order. The Customer must ensure that the information provided when placing the Order is correct.
The Customer is informed by email, when his Order is ready, of its dispatch. The product(s) ordered (are) delivered to the delivery address indicated by the Customer when placing his Order under the conditions specified in Article 3 of these General Terms and Conditions.
The Customer must ensure that the information provided is correct, and that it remains so until complete delivery of the product(s) ordered. The Customer therefore undertakes to inform the company of any change in billing and/or delivery details that may occur between the Order and delivery, by sending, without delay, an email to the customer service email address. Failing this, in the event of a delay and/or delivery error, the Customer may under no circumstances hold the company liable in the event of non-delivery, and the company's customer service will contact the Customer for a second delivery at the Customer's expense.
The company will also not be liable if non-receipt of the Products and/or Services is due to the actions of a third party outside its control or in the event of theft.
In the event of the Order being returned due to the Customer's absence, the company's customer service will contact the Customer for a second delivery at the Customer's expense.
The Customer may track the delivery of their Order by contacting customer service, the number of which appears in article 6 of these General Terms and Conditions.
Return Policy
Our return policy lasts 30 days. If 30 days have passed since the day following your delivery, we unfortunately cannot offer you an exchange. In the case of Orders delivered in multiple shipments, the 15-day period begins the day following the delivery of the last Product.
To cancel an Order, Customers must notify A.ETC PRODUCTION in writing, using the contact email address, and at least include the words "return request" in the message so that we can properly process your request. A.ETC PRODUCTION will acknowledge receipt of the cancellation notification by email.
No refunds will be made. The risk of returning the Products is borne by the customers.
Customers must take care of the Products in their possession. Customers are informed that A.ETC PRODUCTION reserves the right to refuse any return if Customers have violated this obligation of care, particularly if the returned products are damaged or show signs of use.
Customer Service
For any request for information, clarification or for any complaint, the Customer must contact, as a priority, the company's customer service, in order to allow the latter to try to find a solution to the problem.
The company's customer service is available from 9 a.m. to 6 p.m. Monday to Friday using the following contact details:
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Email : contact@apointetc.com
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Mail : 7 Avenue de Rivoli, 92190 Meudon
Legal and commercial guarantees
All products offered by the company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the guarantee of hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code:
The non-compliant product will be replaced or repaired according to the cost conditions provided for by the Consumer Code.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
Thus the Client:
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benefits from a period of two (2) years from delivery of the product to take action in the event of non-conformity of the Product
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is exempt from providing proof of the existence of the lack of conformity of the goods during the ten (6) months following delivery of the product,
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may choose between repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.
In addition, the Customer may also implement the legal guarantee for hidden defects in the item sold, within the meaning of Articles 1641 et seq. of the Civil Code. The legal guarantee for hidden defects allows the Customer, within two years of the discovery of the defect, to be reimbursed for a Product that has proven unfit for its use.
The hidden defects warranty allows the Customer to be protected against hidden defects in the purchased product which prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has two options: keep the product and request a price reduction, or return the product and request a refund of the price paid, in accordance with Article 1644 of the Civil Code.
The following legal provisions are recalled:
Art. L217-4 of the Consumer Code: ''The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.''
Art. L217-5 of the Consumer Code: ''The goods conform to the contract: 1° If they are suitable for the use usually expected of similar goods and, where applicable (a) if they correspond to the description given by the seller and have the qualities that the latter has presented to the buyer in the form of a sample or model; (b) if they have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Art. L217-7 of the Consumer Code: ''Lack of conformity which appears within twenty-four months from the delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.''
Art. L217-8 of the Consumer Code: ''The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew about or could not have been unaware of when he entered into the contract. The same applies when the defect originates from the materials that he himself supplied.''
Art. L217-9 of the Consumer Code: ''In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the extent of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.''
Art. L217-10 of the Consumer Code: ''If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer taking into account the nature of the goods and the use he is seeking. However, the sale cannot be cancelled if the lack of conformity is minor.''
Art. L217-11 of the Consumer Code: ''The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the allocation of damages.''
Art. L217-12 of the Consumer Code: ''The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.''
Art. L217-13 of the Consumer Code: ''The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized by law.''
Art. 1641 of the Civil Code: ''The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.''
Art. 1642 of the Civil Code: "The seller is not liable for apparent defects of which the buyer has been able to convince himself."
Art. 1643 of the Civil Code: ''He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.''
Art. 1644 of the Civil Code: ''In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded.''
Art. 1646 of the Civil Code: ''If the seller was unaware of the defects in the item, he will only be liable for the restitution of the price, and for reimbursing the buyer for the costs incurred by the sale.''
Art. 1648 of the Civil Code: ''The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. (…)''
If a Customer believes that they have received a product that they consider to be defective or non-compliant, they must contact the company as soon as possible after receiving the Order, at the following email address: contact@apointetc.com , or by registered letter with acknowledgment of receipt to the following address: 7 Avenue de Rivoli, 92190 Meudon, specifying the defect or non-compliance in question.
It will be the Customer's responsibility to provide all justification for the designation of apparent defects and/or anomalies noted. The Customer must give the company every facility to identify these defects or non-conformities and to remedy them where appropriate. The Customer will refrain from intervening itself or involving a third party for this purpose.
If the defects and/or anomalies are confirmed by the company, it will then send the Customer its instructions on how to proceed after having taken note of the complaint thus made and, where appropriate, will replace the product for which the company has been led to note the lack of conformity or the defect.
In the event that the exchange of the product is not possible, the company will be required to reimburse the Customer within fourteen days of receipt of the product. The reimbursement will be made at the company's suggestion by crediting the Customer's bank account, with the Customer being able to opt for a different reimbursement method than the one proposed.
Customer Obligations
The Client undertakes to comply with the terms of these General Terms and Conditions.
The Customer agrees to use the Site only for their personal use, in accordance with these General Terms and Conditions. In this regard, the Customer agrees to refrain from:
Le Client convient qu’il n’utilise le Site que pour son usage personnel, conformément aux présentes CGV. A cet égard, le Client convient de s’abstenir :
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To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these T&Cs;
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To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site;
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Attempting to gain unauthorized access to the Site's computer system or engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;
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To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site;
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To infringe the intellectual property rights of the company and/or to resell or attempt to resell the products to third parties;
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To denigrate the Site and/or the products as well as the company on social networks and any other means of communication.
If, for any reason, the company considers that the Client does not comply with these General Terms and Conditions, the company may at any time, and at its sole discretion, remove its access to the Site and take any measures including any civil and criminal legal action against it.
Right of withdrawal
In accordance with Articles L.221-18 et seq. of the Consumer Code, the Customer has a period of 14 days from the validation of his Order on the Site to exercise his right of withdrawal from the company, without having to justify reasons or pay a penalty.
All Products/Services may be subject to withdrawal, except those excluded by Article L. 221-28 of the Consumer Code, reproduced below:
The right of withdrawal cannot be exercised for contracts:
1° Of the provision of services fully performed before the end of the withdrawal period and the performance of which began after the express prior agreement of the consumer and express waiver of his right of withdrawal;
2° Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made according to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
12° Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
13° Supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.
To exercise his right of withdrawal from the Order, the Customer must notify his decision to withdraw by means of the withdrawal form provided in the appendix hereto or by means of an unambiguous declaration, without providing reasons. The Customer may communicate his decision to withdraw to the company by any means, in particular by sending it by post to the company at the following address: the address of the head office: 7 Avenue de Rivoli, 92190 Meudon or by email to contact@apointetc.com .
If the Customer notifies the company of their decision to withdraw, regardless of the means used, the company will immediately send them an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email).
The Customer must return the product(s) in the same condition in which they were received, and with all packaging, accessories and instructions (even if the product(s) has/have been unpacked), as soon as possible and at the latest within 14 days of notification of the decision to withdraw from this contract, to the following address: 7 Avenue de Rivoli, 92190 Meudon. In accordance with the law, the Customer shall bear the cost of returning the product(s).
In the event of withdrawal by the Customer, the refund of the Product(s) and/or Service(s) which was/were the subject of the right of withdrawal will be made by the company using the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to a different means. In any event, this refund will not incur any costs for the Customer. The refund will be made as soon as possible, and at the latest 14 days from the day on which the company is informed of the Customer's decision to withdraw from his Order.
In accordance with Article L.221-23 of the French Consumer Code, the Customer is informed that his liability towards the company is only incurred for any depreciation of the product(s) returned following the exercise of his right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this or these goods. In the event of use of the Services within the withdrawal period, the Customer is considered to have expressly waived his right of withdrawal.
Responsibility
The company implements all measures necessary to ensure the provision of quality product(s)/quality service(s) to the Client under optimal conditions. However, it may not be held liable under any circumstances for any non-performance or poor performance of all or part of the services provided for in the contract, which may be attributable either to the Client, or to the unforeseeable and insurmountable act of a third party not involved in the contract, or to a case of force majeure. More generally, if the company were to be held liable, it could not under any circumstances agree to compensate the Client for indirect damages or damages whose existence and/or quantum are not established by evidence.
The company cannot be held responsible for damage caused by misuse of one of its Products/Services or by failure to comply with the precautions for use and hygiene, storage and safety conditions when using one of its Products/Services.
The Site may contain links to other sites not edited or controlled by the company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
The establishment of such links or the reference to any information, articles or services provided by a third party cannot and must not be interpreted as an express or tacit endorsement by the company of these sites and these elements or their contents.
The company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product(s)/service(s) and other information disseminated on these websites.
It is expressly stipulated that the company may not under any circumstances be held liable, in any way whatsoever, in the event that the Customers' computer equipment or electronic messaging system rejects, for example due to anti-spam, electronic mail sent by the company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order or the shipment tracking email.
The Client is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the company would never have entered into a contract.
Security
The Client undertakes not to compromise the security of the Site. To this end, the Client undertakes not to engage in any fraudulent access and/or maintenance of the Company's information system. The Client may also not harm or hinder the Company's information system. Failing this, the Company may take any action against the Client, including criminal liability under Articles 323-1 et seq. of the French Criminal Code.
Intellectual property and personal data
All elements of this Site and the Site itself are protected by copyright, trademark law, design law and/or any other intellectual property rights. These elements are the exclusive property of the company. All of these rights are reserved worldwide.
The name and brand, logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the company.
No title or right whatsoever to any material or software shall be obtained by downloading or copying material from this Site. The Customer is expressly prohibited from reproducing (other than for his/her personal and non-commercial use), publishing, editing, transmitting, distributing, showing, removing, deleting, adding to this Site and the material and software contained therein, nor modifying them or making any work based on them, nor selling or participating in any sale in connection with this Site, the material on this Site or any software relating thereto.
The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and may not be assigned or transferred to any third party under any circumstances. The license is granted for the duration of use of the Site.
Any use by the Client of the company names, trademarks and distinctive signs belonging to the company is strictly prohibited except with the express prior agreement of the company.
The Company understands that data protection and privacy are important to all Internet users visiting the Site. The Company is committed, in accordance with GDPR regulations, to respecting your privacy and protecting your personal data, i.e., data that may directly or indirectly identify you as an individual.
As part of the order, the company is required to collect the customer's personal data. The company is committed to protecting customers' personal data.
Files containing personal data required for the order are stored on the servers of the Site's host. This service provider ensures compliance with the requirements of the General Data Protection Regulation (GDPR). The company does not share or trade in customers' personal data.
At the stage of ordering on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to carry out orders.
The personal data collected by the company is intended to enable the fulfillment of the order. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 known as "Informatique et Libertés", and the General Data Protection Regulation (GDPR), subject to proof of identity, all Customers, regardless of their nationality, have the right to access, modify and delete their personal data. Each Customer also has the right to request a limitation of the processing of their data and also has the right to data portability and the right to object to the processing of their personal data.
In any event, any Customer has the right to make any complaint to the CNIL.